Hope Aged Care Services Pty Ltd T/A Hope Aged Care

[2023] FWCA 2986

[2023] FWCA 2986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Hope Aged Care Services Pty Ltd T/A Hope Aged Care

(AG2023/2617)

HOPE AGED CARE GROUP, ANMF AND HSU ENTERPRISE AGREEMENT 2022

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 SEPTEMBER 2023

Application for variation of the Hope Aged Care Group, ANMF and HSU Enterprise Agreement 2022

1. An application has been made for approval of a variation to the Hope Aged Care Group, ANMF and HSU Enterprise Agreement 2022 (the Agreement). The application was made by Hope Aged Care Services Pty Ltd T/A Hope Aged Care pursuant to section 210 of the Fair Work Act 2009 (the Act).

1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

1. The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 1 February 2023. Those undertakings form part of the Agreement as varied.

1. The Applicant has raised an error in the calculation of wage increases for Wage Skill Group 10 (Head Chef/Cook and unqualified L&L Coordinator only) in the wage rate table at schedule A of the Agreement and has sought that the Commission exercise its discretion pursuant to s.218A of the Act to amend an obvious error, defect or irregularity. I am satisfied that the calculation error for Wage Skill Group 10 (Head Chef/Cook and unqualified L&L Coordinator only) in Schedule A is an obvious error, defect or irregularity and I will amend the Agreement accordingly pursuant to s. 218A of the Act.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

1. In accordance with s.216 of the Act, the variation operates from 19 September 2023.

DEPUTY PRESIDENT

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